Henry Angelo & Sons, Inc. v. Insurance Co. of North America
Henry Angelo & Sons, Inc. v. Insurance Co. of North America
451 So. 2d 1038; 1984 Fla. App. LEXIS 13814
(Southern Reporter, Second Series)
Henry Angelo & Sons, Inc. v. Insurance Co. of North America
Opinion of the Court
The appellants appeal an order dismissing a counterclaim because they had filed, as plaintiffs, a prior action in the State of North Carolina upon the same subject matter which is the subject matter of their counterclaim in the instant proceeding.
We reverse and remand the matter to the trial court to enter an order of abatement as to the counterclaim pending resolution of the North Carolina proceeding. Birnholz v. Steisel, 338 So.2d 862 (Fla.3d DCA 1976); Cicero v. Paradis, 184 So.2d 212 (Fla.2d DCA 1966).
Reversed and remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.